Terms and Conditions
ScanSKU Terms and Conditions
These Terms and Conditions apply to your use of www.scansku.com.au (the Website) and to the ordering, purchase, fulfilment and delivery of Products from ScanSKU.
Please read these Terms and Conditions carefully before placing an Order. They contain important information about ordering, delivery, warranties, device security and limitations of liability.
1. Agreement
1.1 In these Terms and Conditions, "we", "our" or "us" means The Trustee for A THAI FAMILY TRUST and The Trustee for AD GURNEY FAMILY TRUST, in partnership (ABN 29 872 944 041), trading as ScanSKU, and "you" or "your" means the person or business that places an Order or otherwise accepts these Terms and Conditions.
1.2 You accept these Terms and Conditions when You place an Order, including by ticking the acceptance box at checkout, or when You accept a quote or invoice from Us that refers to these Terms and Conditions. These Terms and Conditions also apply to Your use of the Website.
1.3 These Terms and Conditions, together with Your Order, form the entire agreement between You and Us for the supply of Products (the Agreement). The Agreement can only be varied if We agree in writing or by email.
1.4 We may update these Terms and Conditions from time to time. The version published on the Website when You place an Order applies to that Order.
2. Legal Capacity
You must be at least 18 years old to place an Order. By placing an Order, You confirm that You are at least 18 years old and, if You are ordering on behalf of a business, that You are authorised to bind that business.
3. Website Use
3.1 The Website may contain links to other websites. These links are provided for convenience only and may not remain current. We are not responsible for the content or privacy practices of linked websites.
3.2 You must ensure that Your access to and use of the Website is not illegal or prohibited by laws that apply to You.
3.3 You must take Your own precautions to ensure that the way You access the Website does not expose You to viruses, malicious code or other interference that may damage Your computer systems. To the extent permitted by law, We are not responsible for any such damage arising from Your use of the Website.
4. Pricing
4.1 Prices displayed on the Website may change without notice. Once We have accepted an Order and a Purchase Contract has been formed under clause 6, the price of the Product cannot be changed except:
a. by agreement between You and Us in writing or by email; or b. in accordance with clause 7.4.
4.2 All prices displayed on the Website include delivery costs unless stated otherwise.
5. Product Specifications
5.1 Features and specifications of Products described or shown on the Website may change without notice. We will not materially change the features or specifications of a Product after We have accepted Your Order.
5.2 Weights and dimensions are approximate. Screen sizes are measured diagonally, and screen images on the Website are simulated unless stated otherwise.
6. Orders
6.1 You may place an Order by following the instructions on the Website. By placing an Order, You make an offer to purchase the Products in Your Order.
6.2 A contract for the purchase of the Products (Purchase Contract) is formed when We send an Order confirmation to Your nominated email address.
6.3 We primarily communicate by email. You are responsible for providing correct contact details and for regularly checking Your nominated email address.
6.4 We may decline an Order or cancel it at any time before the Products are dispatched. If We cancel an Order, We will refund all amounts paid for that Order in full and confirm the cancellation and refund by email.
6.5 We are not responsible for Orders that are not received or are delayed due to internet or connection disruptions outside Our control.
6.6 We are not liable for any delay in performing Our obligations caused by circumstances beyond Our reasonable control, and We are entitled to a reasonable extension of time to perform those obligations.
6.7 If You provide an incorrect or incomplete delivery address, We may charge a fee for each additional delivery attempt.
7. Payment
7.1 Payment can be made through the payment methods offered at checkout, currently PayPal and Stripe.
7.2 Payment is processed when You place Your Order.
7.3 If Your payment triggers Our fraud prevention checks, We may contact You to confirm additional details or cancel the transaction. Your Order will not be fulfilled until it passes these checks. If You do not provide the requested information within 7 days, We will cancel Your Order and refund Your payment to the original payment method.
7.4 Despite Our best efforts, a Product may occasionally be incorrectly priced on the Website. If the correct price is higher than the displayed price, We will contact You before dispatch to ask whether You want to purchase the Product at the correct price or cancel Your Order. If the correct price is lower, We will charge the lower price, or refund the difference if You have already paid the higher price.
8. Delivery
8.1 We aim to deliver Products promptly, but shipping and other factors outside Our control may cause delays. To the extent permitted by law, We are not liable for loss or damage caused by such delays.
8.2 Dispatch dates shown on the Website are Our reasonable estimates. If dispatch is delayed by more than one week, We will notify You by email. You may cancel Your Order and receive a full refund at any time before the Products are dispatched.
8.3 If You authorise delivery without a signature, any delivery insurance cover will not apply once the Products are left at the delivery address.
8.4 Our nominated couriers deliver during local business hours (9am to 5pm, Monday to Friday).
8.5 Once Products are dispatched, We will provide You with the courier details, and You should contact the courier directly about delivery dates and times. We are not responsible for delivery time estimates given by the courier.
8.6 Risk in the Products passes to You on delivery. Ownership of the Products passes to You when We have received full payment.
9. Faulty or Damaged Goods
We will repair, replace or refund faulty or damaged Products in accordance with clause 11 (Warranties), Our Warranty Terms and Conditions and Your rights under the Australian Consumer Law.
10. Returns and Refunds
10.1 Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees under the Australian Consumer Law.
10.2 Refunds may take up to 10 business days to process.
10.3 Apart from Your rights under the Australian Consumer Law, returns and refunds are provided in accordance with Our Returns Policy.
10.4 To arrange a return, please contact Us. You must follow Our reasonable directions to complete the return.
10.5 Products returned under Our Returns Policy (for example, change of mind returns, where offered) must be returned in their original packaging, with all accessories, and in a resaleable condition. This does not apply to Products returned because of a failure to comply with a consumer guarantee, which may be returned without their original packaging.
10.6 Subject to clause 10.7, You are responsible for returning Products safely, and We are not responsible for Products lost in transit on their way back to Us.
10.7 If You are returning a Product because We have failed to comply with a consumer guarantee, You must return it at Your cost, unless it cannot be returned, removed or transported without significant cost to You because of:
a. the nature of the failure; or b. the size, height or method of attachment of the Product.
In that case, We will collect the Product at Our expense within a reasonable time.
11. Warranties
11.1 Each Product purchased from Us comes with a 12 month Standard Warranty from the date of delivery, as set out in Our Warranty Terms and Conditions.
11.2 Repairs and servicing outside the warranty period are offered at Our discretion and may be declined. Paid repairs come with a 90 day warranty covering the parts replaced and the work performed. This repair warranty does not restart or extend the original warranty period.
11.3 Extended Warranties are available for some Products, as listed on the Website, and may be purchased up to 14 days after delivery.
11.4 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
11.5 The benefits of Our Standard Warranty and any Extended Warranty are in addition to Your rights and remedies under the Australian Consumer Law.
12. Liability
12.1 To the extent permitted by law, We are not liable for any loss of income, profits, contracts or data, or for any indirect or consequential loss or damage, however arising, including in negligence or for breach of contract.
12.2 To the extent permitted by law, Our maximum total liability for any Product, whether in contract, tort (including negligence) or otherwise, is limited to the amount You paid for that Product.
12.3 Where the Products are not of a kind ordinarily acquired for personal, domestic or household use, and to the extent permitted by law, Our liability for failure to comply with a consumer guarantee is limited, at Our option, to replacing or repairing the Products, supplying equivalent Products, or paying the cost of doing so.
12.4 Nothing in this clause 12 limits or restricts any claim You may have for Our failure to comply with a guarantee under the Australian Consumer Law.
13. Device Security
13.1 Products run the Android operating system and allow You to install, configure and operate software. Once a Product is delivered, You are responsible for its configuration, management and security, including which applications are installed, what permissions are granted, which networks it connects to, and who has physical or administrative access to it.
13.2 We do not develop, review, control or endorse third-party applications, services, websites or files that You install or access on a Product, and You install and use them at Your own risk. We are not responsible for any malfunction, data loss, security compromise or other loss caused by third-party software, except to the extent caused by Our own act or omission.
13.3 You should take reasonable steps to protect Products, including:
a. installing applications only from trusted sources, such as Google Play or a vendor You have verified; b. not enabling developer options, USB debugging or installation from unknown sources, and not rooting or otherwise modifying the operating system, unless You have a specific need and understand the risks; c. using screen locks, strong passwords and, where appropriate, a mobile device management (MDM) solution; d. applying software and security updates when they are made available; e. connecting only to secure networks; and f. acting promptly if You suspect a Product has been compromised, lost or stolen.
13.4 We may, from time to time, make firmware or security updates available for Products, but We do not guarantee that updates will be provided for any particular Product or for any particular period. The availability, timing and content of updates depend largely on third parties, including Google and chipset and component manufacturers, and are outside Our control. You acknowledge that a Product may stop receiving Android upgrades or security patches, that its exposure to security vulnerabilities may increase after that point, and that You are responsible for assessing whether a Product remains suitable for Your intended use.
13.5 No connected device can be made completely secure. While We take reasonable care in supplying Products, We do not warrant that Products will be free from all vulnerabilities, malware or unauthorised access.
13.6 Rooting, flashing unofficial firmware or tampering with a Product's security features may void warranty support for faults resulting from that activity, to the extent permitted by law.
13.7 Clause 12 (Liability) applies to any loss arising from a security incident affecting a Product, including one caused by third-party software, Your configuration or network, or a failure to follow clause 13.3. Nothing in this clause 13 limits Your rights under the Australian Consumer Law.
14. Battery Safety
14.1 Products contain rechargeable lithium-ion or lithium-polymer batteries. We do not manufacture the battery cells, which are made by third-party battery or device manufacturers and supplied as part of the relevant Product or accessory.
14.2 You must use batteries, chargers and charging cables only in accordance with the product instructions, and must not use damaged, swollen, leaking, modified or non-compatible batteries or chargers.
14.3 Nothing in this clause 14 excludes, restricts or modifies any rights or remedies under the Australian Consumer Law, including the consumer guarantees relating to acceptable quality, fitness for purpose and safety.
15. Software Compatibility
15.1 We test Our hardware with the software packages listed on the Website, using the software versions available at the time of testing.
15.2 Software providers may update, change or discontinue features at any time. We cannot guarantee ongoing compatibility after such changes, and We are not responsible for issues caused by software changes outside Our control.
15.3 We recommend that You confirm compatibility with the software provider and review their release notes before upgrading.
15.4 Our relationships with software providers vary. We have formal partnerships with some providers, informal relationships with others, and in some cases no relationship at all, meaning We have only tested their software and confirmed it worked on Our hardware at the time of testing.
16. Regulatory Changes
16.1 Our Products are supplied in compliance with the regulations and standards that apply at the time of sale.
16.2 We cannot anticipate or control future changes to laws, regulations or compliance requirements that may affect the use or functionality of Products. You should stay informed about regulatory changes in Your region that may affect Your use of the Products. While We aim to support Our customers, to the extent permitted by law We are not responsible for incompatibilities or limitations arising from such changes.
17. Respectful Conduct
17.1 We are committed to providing professional, courteous and helpful service, and We expect the same respect toward Our staff and representatives.
17.2 We do not tolerate abusive, aggressive, harassing or disrespectful behaviour by phone, email, chat or in person, including offensive language, personal insults, threats or repeated unreasonable demands.
17.3 If such behaviour occurs, We may, at Our discretion, limit or suspend communication, decline to provide further service or support, or refuse future business. Nothing in this clause affects Your rights under the Australian Consumer Law.
18. Intellectual Property
All intellectual property in the material on the Website belongs to Us or Our licensors. Unless expressly authorised, You may not reproduce, adapt, modify, display, perform or distribute any of that material.
19. Privacy
We handle Your personal information in accordance with Our Privacy Policy, available on the Website.
20. Gift Vouchers and Credit Notes
20.1 Gift vouchers are valid for 3 years from the date of purchase.
20.2 Credit notes are valid for 12 months from the date of issue, unless otherwise stated in writing when issued.
20.3 Gift vouchers and credit notes can be redeemed by entering the code in the Gift Card field at checkout. Gift vouchers cannot be exchanged for cash, except as required by law.
21. General
21.1 These Terms and Conditions are governed by the laws of Victoria, Australia, and You and We submit to the non-exclusive jurisdiction of the courts of Victoria.
21.2 If any part of these Terms and Conditions is found to be void or unenforceable, that part will be severed and the remainder will continue to apply.
21.3 A failure or delay by Us in exercising any right does not waive that right.
